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Topic: Gavelkind


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In the News (Mon 28 Dec 09)

  
  gavelkind   (Site not responding. Last check: 2007-10-09)
Gavelkind is a peculiar system of land tenure associated chiefly with the county of Kent, but found also in other parts of England.
In case of intestacy the estate descends not to the eldest son but to all the sons (or, in the case of deceased sons, their representatives) in equal shares.
Irish gavelkind was a species of tribal succession, by which the land, instead of being divided at the death of the holder amongst his sons, was thrown again into the common stock, and redivided among the surviving members of the sept.
www.yourencyclopedia.net /gavelkind.html   (492 words)

  
 GAVELKIND - LoveToKnow Article on GAVELKIND   (Site not responding. Last check: 2007-10-09)
An act of i8~1, for commuting manorial rights in respect of lands of copyhold and customary tenure, contained a clause specially exempting from the operation of the act the custom of gavelkind as the same now exists and prevails in the county of Kent.
Gavelkind is one of the most interesting examples of the customary law of England; it was, previous to the Conquest, the general custom of the realm, but was then superseded by the feudal law of primogeniture.
Its survival in this instance in one part of the country is regarded as a concession extorted from the Conqueror by the superior bravery of the men of Kent.
www.1911encyclopedia.org /G/GA/GAVELKIND.htm   (380 words)

  
 Gavelkind -- Facts, Info, and Encyclopedia article   (Site not responding. Last check: 2007-10-09)
Gavelkind is a peculiar system of land tenure associated chiefly with the county of (A county in southeastern England on the English Channel; the first to be colonized by the Romans) Kent, but found also in other parts of (A division of the United Kingdom) England.
In case of (Click link for more info and facts about intestacy) intestacy the (Extensive landed property (especially in the country) retained by the owner for his own use) estate descends not to the eldest son but to all the sons (or, in the case of deceased sons, their representatives) in equal shares.
Irish gavelkind was a species of tribal succession, by which the land, instead of being divided at the death of the holder amongst his sons, was thrown again into the common stock, and redivided among the surviving members of the (The month following August and preceding October) sept.
www.absoluteastronomy.com /encyclopedia/g/ga/gavelkind.htm   (524 words)

  
 Gavelkind: Free Encyclopedia Articles at Questia.com Online Library   (Site not responding. Last check: 2007-10-09)
Under the custom of Irish gavelkind, a deceased mans partible wealth most...chief, his wealth was disposed of by gavelkind in the same way as that of any other...
GAVELKIND gav lkind M.E.,=family tenure, custom of inheritance of lands held in socage tenure, whereby all the sons of...an estate in land share equally in such lands upon the death of the father.
Most of the lands in England were held in gavelkind tenure prior to the Norman Conquest in 1066, and the custom of dividing lands among the male heirs is still preserved...
www.questia.com /library/encyclopedia/101245807   (823 words)

  
 GAVELKIND - Encyclopedia Britannica - GAVELKIND - JCSM's Study Center
as the eldest son is." It is to this remarkable peculiarity that gavelkind no doubt owes its local popularity.
Irish gavelkind was a species of tribal succession, by which the land, instead of being divided at the death of the holder amongst his sons, was thrown again into the common stock, and redivided among the surviving members of the sept. The equal division amongst children of an
Also Robinson, On Gavelkind; Digby, History of the Law of Real Property; Pollock and Maitland, History of English Law; Challis, Real Property.
www.jcsm.org /StudyCenter/Encyclopedia_Britannica/GAG_GEO/GAVELKIND.html   (597 words)

  
 Early Rules on Heiresses   (Site not responding. Last check: 2007-10-09)
The opposite was known as gavelkind where the estate and the ruling was split equally between, at least, all sons.
Gavelkind was practiced in Kent and Wales and remains the practice in post-revolutionary France; the estates get broken up and there were frequently squabbles about the division and the ruling of the parts.
One problem with gavelkind in Kent was that the holdings became so small that they were not large enough to support Knights to fight for the king; so it was then abolished.
www.southfarm.plus.com /heiresses/rules.html   (450 words)

  
 [No title]
The difficulty suggested by the recital in the 'Case of Gavelkind' is thus not a difficulty in believing it if it stood by itself, or if it were made with less generality.
The Brehon writers seem to me distinctly biassed in favour of the descent of property in individual families, which commended itself to them as lawyers, as friends of the Church, and (it may be) as well-wishers to their country.
There seems to me a melancholy resemblance between some of the mistakes which, at two widely distant epochs, were committed by Englishmen, apparently with the very best intentions, when they were brought into contact with stages in the development of institutions earlier than that which their own civilisation had reached.
www.ecn.bris.ac.uk /het/maine/lect07   (6120 words)

  
 [No title]
At the beginning of the seventeenth century the Anglo-Irish Judges declared the English Common Law to be in force throughout Ireland, and from the date of this decision all land in the country descended to the eldest son of the last owner, unless its devolution was otherwise determined by settlement or will.
208) The so-called Irish Gavelkind belongs to a class of institutions very common in the infancy of law; it is a contrivance for securing comparative equality among the joint proprietors of a common fund.
I venture to think that this class of observation has not been carried far enough in Ireland to yield material for a confident opinion, but there certainly seem to be vestiges of ancient collective enjoyment in the extensive prevalence of 'rundale' holdings in parts of the country.
socserv2.socsci.mcmaster.ca /~econ/ugcm/3ll3/maine/lect04   (2986 words)

  
 King Lear
Shared inheritance of Kentish gavelkind, then, prefigures the transition from a feudal agricultural economy to mercantile capitalism, a change which began to affect the rest of England in the sixteenth century.
Tudor and Stuart documents critical of primogeniture and its treatment of younger sons frequently cite Kentish gavelkind as both the epitome of fairness and a pragmatic alternative to primogeniture.
The historical stability of gavelkind, and its position as a point of intersection between custom and natural law, enable it to function in reference both to the early history of the Leir plot and to the contemporary time frame of the Gloucester plot.
tarlton.law.utexas.edu /lpop/etext/okla/reilly26.htm   (7025 words)

  
 gavelkind
Is it primogeniture, or gavelkind, or borough English?
The Irish and Anglo-Saxons, in former times, held the land in gavelkind, and the territory belonged to the tribe or sept; but if the tribe held it as indivisible, they still held it as private property.
The shah of Persia holds the whole Persian territory as private property, and the landholders among his subjects are held to be his tenants.
www.cooldictionary.com /?word=gavelkind   (232 words)

  
 Terry Mason's Family History Web Site.
In other words, the descendants of Edmund Borden, by operation of the custom of Gavelkind, became seized during their lifetime of certain lands which had formerly been the property of Will and his ancestors.
Stephen, son of William, by operation of custom of Gavelkind became seized of certain lands at Bydynden which had once belonged to John Borden (died 1469) and to his ancestors.
According to the custom of Gavelkind the land of this Henry and of Thomas, his son, would at their death, interstate, be equally divided between their heirs, and we find that William Borden held at the time of his death, in 1531, a tenement and certain lands at Borden.
www.tmason1.com /pafn65.htm   (2496 words)

  
 HighBeam Research: Library Search: Results   (Site not responding. Last check: 2007-10-09)
Romantic-Era Magna Cha rta and the English Constitution ; R. Smith, The Swanscombe Legend and the Historiography of Kentish Gavelkind ; David Barclay, Representing the Middle Ages: Court Festivals in Nineteenth-Century Prussia ; Ulrich Muller, 'Deutschland...
The average American undergraduate is unlikely to be familiar with, for example, the terms enfeoffment to use or gavelkind.
Nevertheless, this is an extremely useful contribution to the study of the family and household.
www.highbeam.com /library/search.asp?FN=SS&search_newspapers=on&search_magazines=on&q=gavelkind&refid=ency_botnm   (370 words)

  
 Paradox Interactive Forums - Public Beta Input — Task #2: The Hordes
Yeah...but gavelkind would help this immensely (which is why we're looking at going this route).
I also found that Gavelkind resulted in some very weird distributions of land, with no regional unity, but I seem to remember that 1.04a has improved Gavelkind distribution.
The problem with that proposal (Spruce's 3-phase one) is that there isn't really a script mechanism for removing a bunch of the Horde's regiments in a predicable way, so let's say they've been steamrolling a while and probably have a demesne of about 40-50 provinces.
www.europa-universalis.com /forum/showthread.php?t=168643   (4552 words)

  
 ALRItkwRom303_6FranksHRE.html
Gavelkind is the equal distribution of wealth and property among male heirs, the opposite of primogeniture.
[Gavelkind was still the law in England until 1926.
To avoid disputes caused by Gavelkind at his death, he had distributed the various parts of the realm to his three sons while he was still alive: there would be no question of "inheritance".
www.mmdtkw.org /ALRItkwRom303_6FranksHRE.html   (5152 words)

  
 [No title]
Lecture VII Searles Sun Sep 27 21:03:37 1998 *br*Lecture VII*p*Ancient Divisions of the Family*p**br* 'Before the establishment of the (English) common law, all*br*the possessions within the Irish territories ran either in course*br*of Tanistry or in course of Gavelkind.
I cannot doubt that the so-called*br*Irish Gavelkind was found over a great part of the country.
It is true that, in*br*society based on kinship, each family separated from the rest*br*tends itself to expand into a joint family or sept; but in these*br*severed estates custom would be apt to be enfeebled and to abate*br*something of its tyranny.
www.summerlands.com /crossroads/scripts/clann/messages/130.txt   (2490 words)

  
 GAVELKIND - Online Information article about GAVELKIND
gentleman as the eldest son is." It is to this remarkable peculiarity that gavelkind no doubt owes its See also:
Though ' This word is generally taken to represent in O. Eng.
copyhold and customary tenure, contained a clause specially exempting from the operation of the act " the custom of gavelkind as the same now exists and prevails in the county of Kent." Gavelkind is one of the most interesting examples of the customary See also:
encyclopedia.jrank.org /GAG_GEO/GAVELKIND.html   (671 words)

  
 gavelkind - OneLook Dictionary Search
Tip: Click on the first link on a line below to go directly to a page where "gavelkind" is defined.
Gavelkind : Online Plain Text English Dictionary [home, info]
GAVELKIND : 1911 edition of the Encyclopedia Britannica [home, info]
www.onelook.com /?w=gavelkind   (180 words)

  
 The Fall of the Carolingian Empire   (Site not responding. Last check: 2007-10-09)
They failed to address the basic problems of the West: the decay of the economic infrastructure (roads, bridges) and the loss of the manufacturing and monetary subsidy that the West had obtained from the East as long as both were under the control of a single imperial authority.
Most important, however, they failed to address the problem caused by the division of the state among the king's heirs according to the traditional inheritance practice of gavelkind.
It was only luck that had kept the Frankish realm in the hands of a single ruler from 751 to about 830.
www.ku.edu /kansas/medieval/108/lectures/carolingian_empire_fall.html   (1488 words)

  
 [No title]
Re: Lecture VII Searles Sun Sep 27 21:04:31 1998 *br* I do not think that the disaffirmation of the legality of*br*Tanistry, and the substitution for it of the rule of*br*Primogeniture, can justly be reckoned among the mistakes or*br*crimes of the English in Ireland.
Sir John Davis's language on the subject of the Irish*br*custom of Gavelkind might be that of an Anglo-Indian lawyer who*br*should violently censure the Brahminical jurists for not*br*confounding families with joint undivided families.
I do not know*br*that any such mistake has been made in India, though undoubtedly*br*the dissolution of the Joint Family was in the early days of our*br*government unduly encouraged by our Courts.
www.summerlands.com /crossroads/scripts/clann/messages/131.txt   (2349 words)

  
 CATHOLIC ENCYCLOPEDIA: Ireland
Kings, though taken from one family, were elective, the tanist or heir-apparent being frequently not the nearest relation of him who reigned.
This peculiarity, together with gavelkind by which the lands were periodically redistributed, impeded industry and settled government.
Nor was there any legislative assembly, and the Brehon law under which Ireland lived was judge-made law.
www.newadvent.org /cathen/08098b.htm   (18270 words)

  
 Gavelkind - ENCYCLOPEDIA - The History Channel UK
Our search facility includes over 50,000 fully cross-referenced historical entries.
gavelkind [M.E.,=family tenure], custom of inheritance of lands held in socage tenure
THE HISTORY CHANNEL and BIOGRAPHY are trademarks of AandE Television Networks used under license ©2004 AandE Television Networks.
www.thehistorychannel.co.uk /site/search/search.php?word=gavelkin   (233 words)

  
 Meyer Boswell Books, Inc. Book Detail Page   (Site not responding. Last check: 2007-10-09)
Author: Robinson, Thomas Title: The Common Law of Kent: or, the Customs of Gavelkind.
Description: First edition of the principal work on the custom of gavelkind, peculiar to Kent and significantly different from the English law of inheritance and intestacy, providing much comparative value Condition: Modern calf, a bit embrowned, but quite a good, attractive copy Book No.: W-55528 Price: $ 450.00
You may mark this book for purchase, and continue to browse this page, or order it now.
www.meyerbos.com /basic/bookListing.cgi?bookNo=55528   (283 words)

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